PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-02049
(Index No. I2016-00112.)

IN THE MATTER OF MARTIN T. WALL, PETITIONER, V TINA M. STANFORD, CHAIRWOMAN, NYS BOARD OF PAROLE, ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NYS DEPARTMENT OF CORRECTIONS & COMMUNITY SUPERVISION, JAMES THOMPSON, SUPERINTENDENT COLLINS CORRECTIONAL FACILITY, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person on this CPLR article 78 proceeding and for leave to appeal to this Court from a judgment (denominated "memorandum, decision, and order") of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 21, 2016,

Now, upon reading and filing the affidavits of Martin T., Wall sworn to November 2, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide petitioner with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and

It is further ORDERED that the motion insofar as it seeks leave to appeal to this Court is denied on the ground that, so long as petitioner's motion was timely, it appears petitioner has an appeal as of right from the judgment (denominated "memorandum, decision, and order") (see CPLR 411; 5701 [a] [1]).

Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).

Entered: November 29, 2016

Frances E. Cafarell, Clerk